The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-03-31

ing the discussion upon which
have had serious doubt whether now
the state is entitled to introduce the
statements of this man Trieber, made
to the witness Bismarck, who is now
upon the stand. These statements, if
understand the fact correctly, were
made at time anterior to the meeting
which the state claims was held in
Holden Reid'S Hall, that meeting hav-
ing been on the night of August End
Monday evening. These statements, if
under them correOGly-the facts, were
made by Trieber to Bismarck some
time during the day on Monday OF
course | presume there can be no
doubt that if they were made prior to
the alleged criminal Enterprise which
was adopted or known of by the parties
IN that hall that evening they are not
admissible. l have thought however
that the better and wiser course per-
haps TO pursue is to allow these
statemente to be admitted upon the
theory that they We're made during the
tendency of the conspiracy, the Jury to
be properly instructed, of course at the
proper time, with reference to them;
and If the jury shall first find con-
spiracy and shall find that these state
ments were not made during the pend
ency OF the conspiracy, then of course
they will not be considered by them. 1t
Will therefore follow then that the OBJ
lection will be over ruled" This clears
the way to the state for the introduc-
ton of wide range of testimony in
which to fully cover the conspiracy and
its attending results. The court then
adjourned with Kososchniski on the
stand.
Henry T. Leayitt was recalled this
morning and again croSs-examined.
Following his testimony came Mrs.
Leavitt, his wife. The important part
of her testimony related to CONVERSE
ton she overhead just under her room
window between Leavitt and Arens-
dorf after the murder. Arensdorf said
he had been before a coroner's jury, but
he didn't know anything he said before
the grand jury; that Peters was a dumb
Dutchman and could be fixed, and that
he would have to send him away.
After Arensdorf left her husband. Mrs
Leavitt motioned for Harry to COUP
stairs, and he did SO. The subject of
the conversation between the two men
was talked over. She denied she
had said, these saloon men in Sioux
City had no sand, and that 'sif l had
them to deal with [ would put petit
coats on them. For two cents l would
do up HaddOck myself She had
never heard the name of Haddock be-
fore the murder. Albert Kaschinski,
alias Bismarck, was the next witness,
and is now on the stand. He was ar
rested in San Francisco in October.
After his arrest he made a confession
and charged the shooting to Arensdorf.
Much interest attaches to his testi-
mony.
THE RAILROAD TRAIN MURDER.
CHICAGO, ILL.,, March ga Daily
News special from Morris, H., saws:
EyyoT in OF nE IN, ha
road train murder case commenced
here to-day. S. T.. Rumsey, baggage
man of the Illinois fated train, testi-
fed that Kellogg Nichols, the murdered
man, was the only express messenger
on the road who was accustomed to
ride alone in the front baggage car
between Chicago and La Sale. This
fact was intended to show that the
murder was probably committed by
Nichols was alone in the car. The
witness being sick, he did not make q
run that night and Watt took his place.
a FORGER SKIPS.
NEwBURG, n. Y, March 29.-Re-
ports reached here to-day showing that
.. NJ. Bate. of the town of
Gardiner, Ulster County is guilty of
forgery and has fled to Canada. He
has been a resident of Gardiner for he
pdSG clSII years, anu HAS pcSH cISdSou
in the cattle business. 1t is said Bate
has failed for 81 900, and he has forged
notes to the amount of 5000.
BOsTONIASS REVERE TIE LORD DAY.
Boston, March 29.-In the Lords
Day violation case against VIM. Ho-
garty, who was on trial for keeping his
barber shop open on Sunday, the jury
in the Supreme Criminal Court rendered
Il verdict against HOgaTty, deciding
that shaving on Sunday was not a work
of necessity or charity. The case will
be taken to the Supreme Court on eX-
ceDtionS.